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(영문) 대전지방법원 2020.06.04 2020고단1406
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

On December 2, 2019, the Defendant received letters related to loans from a person with no personal knowledge, and sent a credit rating from the person with no personal name to the person with no personal name, and then sent the card to the person with no personal name. In order to do so, the Defendant heard the horses that the check-up process requires, and the check-up process requires, send the check-up card. When the entry and departure process is completed, the check-up card will be returned. On January 2, 2020, the Defendant sent the check-up card to the person with no personal name and sent the password by telephone communication to the person with no personal name through Kwikset Service.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation, such as inquiries into customer personal information (the verification of CCTV images at source of damage);

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Circumstances that are disadvantageous to the defendant: The physical card that the defendant lent to a person who has failed to obtain his/her name, which eventually resulted in fraud by using it for singing crimes.

In the past, the defendant.

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